House of Lords Journal Volume 14: 4 December 1691

DIE Veneris, 4 Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Hetley versus Hervey.

Upon reading the Petition of Carina Hetley, Elizabeth English, and others; shewing, "That they have an Appeal depending in this House, to which John Hervey is Respondent; and praying a Day may be appointed for hearing of the same:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Cause, by Counsel on both Sides, at the Bar, on Thursday the Seventeenth Day of this Instant December, at Ten of the Clock in the Forenoon.

Private Bills to be approved by Committee for Petitions.

It is this Day ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That no Private Bill shall be brought into this House, until it hath been viewed and approved of by the Lords Committees appointed to receive and consider of Petitions, and reported by them to this House as fit to be received: And it is further ORDERED, That the said Committee shall meet on Tuesdays, Thursdays, and Saturdays, in every Week, at Four of the Clock in the Afternoon; and to adjourn as they please.

D. of Norfolk's Pet.

Upon reading the Petition of Henry Duke of Norfolke, Earl Marshal of England:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That it be, and is hereby, referred to the Lords Committees for Privileges, to examine the Allegations in the said Petition, and report their Opinion thereupon to this House.

Griffin versus Lingard.

Upon hearing Counsel this Day, at the Bar, upon the Petition and Appeal of Edmond Griffin Esquire Appellant, against John Lingard, of London, Vintner, Respondent, from a Decree and Order made in the Court of Chancery, the Fourteenth Day of November, One Thousand Six Hundred and Ninety, and the Fifteenth of December following; as also upon the Answer of the said John Lingard put in thereunto:

After due Consideration had of what was offered by Counsel on either Side thereupon, it is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal of Edmond Griffin be, and is hereby, dismissed this House; and that the Decree and Order made in the Court of Chancery, from which he appealed to this House, shall be, and is hereby, affirmed: And it is further ORDERED, That the said Edmund Griffin shall pay, or cause to be paid, unto the said John Lingard, the Sum of Ten Pounds, for his Costs in defending the said Appeal in this House.

Sedgwick versus Hitchcock.

Upon hearing Counsel this Day, at the Bar, upon the Petition of Obadiah Sedgwick Merchant; shewing, "That the House having adjudged that Geo. Hitchcocke and others, Creditors of Richard Slaney, deceased, shall be at Liberty to proceed at Law, whereby to endeavour to defeat the Petitioner of his Security, not only for the One Thousand Four Hundred Pounds, Part of the Two Thousand Two Hundred Pounds, by him bona Fide lent, without any Manner of Notice that the said Slaney was a Bankrupt, but also of the Eight Hundred Pounds which was decreed to the Petitioner; and that it was (as the Petitioner fears) upon a Deed started against him, upon this Point only upon the Deed mentioned in the said Petition;" as also Counsel for George Hitchcock and others, Creditors of Richard Slaney, deceased:

After due Consideration had of what was offered by Counsel on either Side thereupon, it is this Day ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That it be inserted in the Order made the One and Twentieth Day of November last, "and particularly whether the Deed of Distribution, dated the Fourteenth Day of August, One Thousand Six Hundred Eighty-five, was fraudulently obtained."

Wareing versus Plate.

Whereas this Day was appointed for hearing the Cause wherein Richard Wareing is Plaintiff, and Sir John Plate Defendant:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Cause, by Counsel on both Sides, at the Bar, on Tuesday the Eighth Day of this Instant December, at Ten of the Clock in the Forenoon.

L. Hatton's and Bp. of Ely's Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for the settling a Fee Farm Rent of One Hundred Pounds per Annum upon the Bishop of Ely and his Successors, to be issuing out of Hatton Garden, in the County of Midd'x, and the Messuages thereupon erected; and for the settling and assuring the same, subject to the said Rent, upon Christopher Lord Viscount Hatton, his Heirs and Assigns for ever."

The Question was put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Sir Miles Cooke and Sir John Francklyn:

To carry down the said Bill, and desire their Concurrence thereunto.

Smith's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to enable Trustees to sell the Estate of Edmond Smith Esquire, deceased, to raise Money for the Payment of his Debts, and make Provision for his Children, who are Infants."

Oaths in Ireland Bill.

The Earl of Rochester reported from the Committee, the Reasons for the Lords insisting on their Provisos in the Bill for abrogating the Oath of Supremacy in Ireland, and appointing other Oaths.

The Reason read, as followeth:

Lords Reasons for insisting on their Amendments to it.

"Because they find, by an Article of the Treaty made for the Surrender of Limerick, which was brought to the Lords by the Earl of Nottingham, and is now, by their Lordships Order delivered to you, the Subject-matter of those Provisos was therein agreed to: And their considering of what Advantage and Importance the Reducing of Ireland hath been to the Public Peace and Security of all Their Majesties Dominions, they conceive that it will not be of so ill Consequence to allow the Liberty proposed in the Provisos, as it might be not to support the Public Faith given upon so great an Occasion as the final Conclusion of the War in Ireland, by which that Kingdom hath quietly and entirely submitted to Their Majesties Government."

Which was agreed to, as come in from the Committee.

Message to H. C. for a Conference about it.

A Message was sent to the House of Commons, by Sir Miles Cooke and Sir John Francklyn:

To desire a Conference, To-morrow, at Eleven of the Clock in the Forenoon, in the Painted Chamber, upon the Subject-matter of the last Conference.

Answer.

The Messengers sent to the House of Commons return this Answer:

That the Commons will give a Conference, as desired, To-morrow, at Eleven of the Clock.

Adjourn.

Rob'tus Atkyns, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Sabbati, (videlicet,) 5^um diem instantis Decembris, hora decima Aurora, Dominis sic decernentibus.